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Code · Michigan · Chapter 324 — Natural Resources and Environmental Protection

324.36103 Development rights agreement or easement; effect of execution and acceptance; term; limitation; disposition; prior lien, lease, or interest not superseded; lien

362 words·~2 min read·/mi/chapter-324/324-36103

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324.36103 Development rights agreement or easement; effect of execution and acceptance; term; limitation; disposition; prior lien, lease, or interest not superseded; lien of state or local governing body; subordination.
Sec. 36103.
(1)The execution and acceptance of a development rights agreement or easement by this state or the local governing body and the owner dedicates to the public the development rights in the land for the term specified in the instrument. A development rights agreement or easement shall be for an initial term of not less than 10 years. A development rights agreement or easement entered into after June 5, 1996 shall not be for a term of more than 90 years.
(2)This state or the local governing body shall not sell, transfer, convey, relinquish, vacate, or otherwise dispose of a development rights agreement or easement except with the agreement of the owner as provided in sections 36111, 36111a, 36112, and 36113.
(3)An agreement or easement does not supersede any prior lien, lease, or interest that is properly recorded with the county register of deeds.
(4)A lien created under this part in favor of this state or a local governing body is subordinate to a lien of a mortgage that is recorded in the office of the register of deeds before the recording of the lien of this state or a local governing body.
(5)This state shall subordinate its interest in a recorded agreement under section 36104 or an easement under section 36105 or 36106 to a subsequently recorded mortgage lien, lease, or interest if both of the following conditions are met:
(a)The parcel meets the requirements set forth under section 36111(2)(a) for parcels containing existing structures.
(b)The landowner requesting the subordination is an individual essential to the operation of the farm as that term is defined in section 36110(6).
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 233 , Imd. Eff. June 5, 1996 ;-- Am. 2003, Act 36 , Imd. Eff. July 3, 2003 ;-- Am. 2025, Act 71 , Imd. Eff. Dec. 23, 2025
Popular Name: Act 451
Popular Name: Farmland and Open Space
Popular Name: NREPA
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